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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
McDermott Will & Emery

Legal Lens on the Unified Patent Court | August 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

A&O Shearman

Is there a trend towards bifurcation at the UPC?

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In an order (UPC_CFI_410/2023, ORD_35569/2024) dated 10 July 2024, the Mannheim Local Division referred a revocation counterclaim to the Central Division in Paris previously seized of a parallel stand-alone revocation action,...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | July 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court - March 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Jones Day

Unified Patent Court Publishes Its First Case Load Statistics

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The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more

A&O Shearman

UPC: Better comply with UPC judgments – first penalty payment ordered

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On 18 October 2023, the Düsseldorf local division of the UPC in myStromer vs. Revolt Zycling (UPC_CFI_177/2023) imposed a EUR26,500 penalty on Revolt for breaching a preliminary injunction. This is the first penalty payment...more

McDermott Will & Emery

The UPC Means Business: Patentee Wins Preliminary Injunction

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The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments...more

McDermott Will & Emery

A Win for Patentees: UPC Issues First Reasoned Decisions

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The Unified Patent Court (UPC) has issued its first reasoned decisions since launching on June 1 and, as expected, the decisions favor patentees. The UPC’s Local Division Düsseldorf ordered a preliminary injunction in one...more

McDermott Will & Emery

Are You Ready for the UPC? Act Now to Prepare for Its Opening on June 1

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On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court (UPC) and triggered the UPC’s entry into force on June 1, 2023. The UPC will revolutionize patent enforcement across Europe and impact companies...more

Fish & Richardson

Germany Ratifies UPC Agreement; UP & UPC to Begin 1 June

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On February 17, Germany ratified the UPC Agreement, launching the countdown to the beginning of the Unitary Patent and Unified Patent Court. Germany’s ratification means that the Agreement will enter into force on 1 June...more

Jones Day

Closing the "Injunction Gap": Overhaul of German Patent Act Speeds Up Litigation

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An upcoming change in Section 83 of the German Patent Act ("PatG") will close the gap between the duration of patent infringement compared to the duration of invalidity proceedings in Germany. From May 1, 2022, onwards, the...more

Jones Day

Still Alive: The German "Automatic Injunction" in Patent Infringement Cases Under the New Patent Act

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The new PatG provides an exception to the general rule that injunctions result as a direct consequence of infringement for cases in which an immediate injunction would result in disproportionate hardship when weighing the...more

McDermott Will & Emery

2022 IP Outlook Report: The Developments Shaping European IP Law

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While European intellectual property (IP) regimes have slowly digested the Brexit shock, brand owners are vacillating between optimism and apprehension in 2022 as they navigate continuous developments in IP law. At the...more

McDermott Will & Emery

Only One More Ratification Needed: European UPC Might Be Ready to Launch

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The German parliament recently passed the Approval Act (the Act) regarding the planned European Unified Patent Court (UPC) and the protocol on a UPC on provisional application (PPA). The Act was passed after Germany’s Federal...more

McDermott Will & Emery

Unified at Last? Germany’s Constitutional Court Removes UPC Hurdle

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On July 9, 2021, Germany’s Federal Constitutional Court rejected a pair of applications for a preliminary injunction directed against the German Approval Act on the Agreement on a Unified Patent Court (UPC) (decision of June...more

Fish & Richardson

German Constitutional Court Rejects Requests for Interim Injunctions against Ratification of UPC Agreement

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Until last Friday, implementation of the European Unified Patent Court (UPC) Agreement and availability of a Unitary Patent for multiple EU states had been delayed by two Complaints for interim injunctions against German...more

MoFo Tech

Green Light For UPC

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UPC – And it got up again- Having been sent down for the count by constitutional complaints in Germany, the road finally seems paved for the Unified Patent Court. On July 9, 2021, the German Federal Constitutional Court...more

McDermott Will & Emery

International News: Healthcare - Spotlight on the Industry - May 2021

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Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more

MoFo Life Sciences

COVID-19: State Intervention In Times Of Vaccine Shortages

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The European Union (“EU”) and its Member States are struggling with the pace of their vaccination programs. This is partly due to shortages of vaccine availability. Germany, like the rest of the EU, is scrambling to obtain...more

Ladas & Parry LLP

UK Supreme Court Decisions in Unwired Planet V Huawei and Hauwei V. Conversant

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On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of: 1. Whether the...more

Latham & Watkins LLP

Deutschland macht den Weg frei für einen einheitlichen Patentschutz in Europa

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Von: Dr. Susan Kempe-Müller, Thies Deike und Pia Sösemann Das neue Einheitspatentsystem und die harmonisierte Rechtsprechung eines neuen Einheitlichen Patentgerichts werden die Rechtssicherheit für Patentinhaber in Europa...more

Latham & Watkins LLP

Germany Clears Path for European Unitary Patent System

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The new unitary patent system and the harmonized jurisdiction of a new Unified Patent Court will improve patent protection for patent owners in Europe. On December 18, 2020, Germany cleared the path for the European...more

Hogan Lovells

German government further strengthens the GPTO – and what’s in it for you

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Despite the popularity of the European Patent Office (EPO), the German government has devoted significant resources to German Patent and Trademark Office (GPTO). Answering to a request from members of the German Parliament,...more

Hogan Lovells

Bye-bye, automatic injunction? German Ministry of Justice publishes second draft of Patent Act reform

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The German Ministry of Justice just published its second draft for a reform of the German Patent Act. The new draft still contains the suggestion for a limitation of the so far "automatic" injunction in cases of a patent...more

McDermott Will & Emery

Landmark Decision in German FRAND Case

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On May 5, 2020, an oral hearing in Germany’s most recent landmark case on standard-essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing (Sisvel v. Haier, docket no. KZR 36/17) took place...more

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